HomeMy WebLinkAboutBOA Decision #4439 Unit 7 - Registered Doc 1,218,5049ARNz:;TABLE LAND COURT REGISTRY
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal #4439 Date: April 9, 2013
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Special Permit has been granted to:
Mark Proshan and Renee Tallon
29 Lewis Bay Boulevard
West Yarmouth, MA 02675
Affecting the rights of the owner with respect to land or buildings at, 29 Lewis Bay
Boulevard, West Yarmouth, MA Zoning District: R-25; Map & Lot#:0016.48-C7;
Ctf.#:C-355-7; Doc.#:1,123,798 and the said Board of Appeals further certifies that the decision
attached hereto is a true and correct copy of its decision granting said Special Permit, and that
copies of said decision, and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General
Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit,
or any extension, modification or renewal thereof, shall take effect until a copy of the decision
bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision
has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal
has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the
county and district in which the land is located and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate of title. The fee for
such recording or registering shall be paid by the owner or applicant.
Stev n DeYoung, unian
FILED WITH TOWN CLERK:
PETITION NO: #4439
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 19, 2013
HEARING DATE: March 14, 2013
PETITIONER: Mark Proshan and Renee Tallon
PROPERTY: 29 Lewis Bay Boulevard, West Yarmouth
Map & Parcel: 0016.48-C7; Zoning District: R-25
Document #: 1,123,798; Certificate #: C-355-7
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Joseph Sarnosky, Richard
Neitz, Robert Howard and Bryant Palmer.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register, the hearing opened and held on the date stated above.
The Petitioners are Mark Proshan and Renee Tallon who were represented by Andrew Singer, Esq.
The Petitioners seek a minor amendment to Petition #3851, as amended in Petition #3920, in
accordance with the provisions of § 104.3.2; 104.4.1, and §203.5 of the Yarmouth Zoning By -Law as
necessary, to construct an integrated, therapeutic swimming pool extending southerly from the
existing patio of their Unit 7 within the Unit 7 Exclusive Use Area of the Yarmouth Shores
Condominium at 29 Lewis Bay Boulevard in West Yarmouth.
Nine letters of support, one letter of opposition, and one letter raising questions concerning the
proposal were submitted and read into the record. There was no further testimony from members of
the public at the hearing.
After a question and answer period and discussion regarding safety, liability, and exclusive use areas
and common areas of the Condominium, the Board found that the proposal will not be substantially
more detrimental to the neighborhood, Zoning District or Town than existing conditions and that it
would not cause or contribute to any undue nuisance, hazard or congestion.
On Motion made by Mr. Neitz, seconded by Mr. Howard, the Board voted unanimously in favor of
the Petition with the condition that the Petitioners comply with the Order of Conditions issued on
December 10, 2012, by the Yarmouth Conservation Commission. The further modification of the
Special Permit is therefore granted in accordance with the plans presented.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days
after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw, MGL c40A
§9)
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Steven DeYoung, C an
2
TOWN OF YARMOUTH
Town
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk
Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836
CERTIFICATION OF TOWN CLERK
1, Jane E. Hibbert, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed
since the filing with me of the above Board of Appeals Decision #4439 that no notice of appeal
of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or
denied. All appeals have been exhausted.
WNSTABLE REGISTRY OF DEEDS